Page 4 | Vendors not disclosing new neighbours planning application

Lunalicious · 2022-04-14T17:49:42+00:00

We have exchanged on a property and are due to complete next week. Our new neighbours have just contacted us to discuss a party wall agreement for their new extension which planning permission was submitted around 3 weeks before exchange. We have confirmation in writing from the new neighbours that the vendors were aware of this "for quite some time". The extension is quite extensive and tbh I don't think we would have purchased the property if we had known about this. We have also lost the chance to object to the application as we weren't aware of it until after the period for comments was over. Obviously we are tied into the house purchase now, and we are going to be reasonable with the new neighbours as this isn't their fault and they have ever right to apply for planning permission and build on their land if approved. What I am wondering is, legally have the vendors done something wrong? If so, what can we do now going forward?

OctopusSay · 14/04/2022 20:59

Exactly the same thing could have happened in three months' time, it's highly unlikely that your objection would have made any difference and as you wan to keep the neighbours sweet would you have objected anyway?

However, it does seem that the neighbours should have disclosed, so I'd ask your solicitor for advice on what the recompense should be.

Electriq · 14/04/2022 21:06

That's not a small extension then, you need legal advice from your solicitor.

I personally would not continue with the purchase.

Soulstirring · 14/04/2022 21:08

The council will have sent them a planning letter. They knew

Original poster

Lunalicious · 14/04/2022 21:09

I really appreciate everyone's comments and suggestions. I think I need to sleep on it and once I have calmed down decide what to do. Been a bit of a shock!

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Soulstirring · 14/04/2022 21:11

I’m outraged on your behalf. Definitely take time, do not compete or sign anything until you have reviewed and are comfortable. This is likely the most expensive purchase of your life. You have to be sure.

gunnersgold · 14/04/2022 21:12

They are obviously moving because of the extension and have been disingenuous to not inform you although I would have thought searches would bring it up !
Check what your losses are to pull out! Maybe a claim on your sellers for being sneaky!

Bunnybingesoneggs · 14/04/2022 21:12

Well you should consider your garden an ear defender zone for this summer if you go ahead...
It would be a retreat fast from me.
Smells a bit fishy imo.

RainingYetAgain · 14/04/2022 21:13

Just because they have planning permission doesn't mean they have to go ahead. You don't have to grant them permission to dig in your garden do you??
If they have permission from your vendors- then they knew about it. And therefore you have grounds to withdraw etc as they lied on the form. We were going to buy a place and something material happened which changed a reply on the form and the sellers contacted our solicitor.
Otherwise, you can tell them that they can't dig in your garden and will have to reconsider their plans.

Original poster

Lunalicious · 14/04/2022 21:15

@Electriq

That's not a small extension then, you need legal advice from your solicitor.

I personally would not continue with the purchase.

It is a double storey wrap around extension right up to our boundary so it is fairly substantial. Their new wall will be almost right up against our new houses conservatory windows.

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SW1amp · 14/04/2022 21:16

@Lunalicious

They want to erect scaffolding on our garden and say they will need to dig down in our garden to lay the foundations and footings for the new party wall. We have had a lot of stuff going on and I really could have done with out this. Was expecting the first summer in our new home for the garden to be out of bound for the kids for month. I know this could have happened anytime in the future but it is all very overwhelming right now so near to completion when we only have 14 says to respond to this party wall thing. I haven't had to deal with a party wall agreement before so am googling furiously to make sure I understand what is going on and what I should be doing.

Ok, I take it back

You need a party wall surveyor for this…

Chocoqueen · 14/04/2022 21:17

I'm not an expert - but surely even if planning is approved you don't have to agree to them putting the scaffolding on your property or digging up your garden? I know you want to keep good relations... but you can rightly say the old owners are at fault for not actually telling you!

Frazzled2207 · 14/04/2022 21:18

@Lunalicious

They want to erect scaffolding on our garden and say they will need to dig down in our garden to lay the foundations and footings for the new party wall. We have had a lot of stuff going on and I really could have done with out this. Was expecting the first summer in our new home for the garden to be out of bound for the kids for month. I know this could have happened anytime in the future but it is all very overwhelming right now so near to completion when we only have 14 says to respond to this party wall thing. I haven't had to deal with a party wall agreement before so am googling furiously to make sure I understand what is going on and what I should be doing.

I really don’t think you need to agree to this

Your council’s planning department should be understanding once you can prove to them that you now own the house and knew nothing of it.

Original poster

Lunalicious · 14/04/2022 21:19

@RainingYetAgain

Just because they have planning permission doesn't mean they have to go ahead. You don't have to grant them permission to dig in your garden do you?? If they have permission from your vendors- then they knew about it. And therefore you have grounds to withdraw etc as they lied on the form. We were going to buy a place and something material happened which changed a reply on the form and the sellers contacted our solicitor. Otherwise, you can tell them that they can't dig in your garden and will have to reconsider their plans.

They haven't had planning permission granted yet, but I presume they most probably will. First week of May they have asked to start work on the party wall thing. They have asked me to allow them to start before the usual 1 months notice period is up.

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SockFluffInTheBath · 14/04/2022 21:24

You’ve said you don’t love the house. How would you feel about it when this massive extension is finished next door?

Easy for me to say but I think I would run far away. Let your own sake go through if it was hard to get a buyer, and get sofa surfing and house hunting.

SockFluffInTheBath · 14/04/2022 21:24

sale

TotallyTS · 14/04/2022 21:27

I'd pull out and rent for a while too. I wouldn't want to live next to neighbours who have potentially been dishonest and as you already have some reservations about the house, this extension and the building work isn't going to help that.

Original poster

Lunalicious · 14/04/2022 21:30

Won't I lose my deposit though? The house was 550k, so 10% depost is fairly substantial -well to me anyway. I guess I need to talk to my conveyancer again on Tuesday, he was quite blasé about it all earlier when we spoke.

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Tubelight · 14/04/2022 21:32

This may also reduce the price of your property!

Frazzled2207 · 14/04/2022 21:33

@Lunalicious

Won't I lose my deposit though? The house was 550k, so 10% depost is fairly substantial -well to me anyway. I guess I need to talk to my conveyancer again on Tuesday, he was quite blasé about it all earlier when we spoke.

It depends if the form they signed where they said they didn’t know of anything like planning permissions which would affect the property, (when they clearly did) had some legal recourse

I’d hope it does but not sure

Threeboysandadog · 14/04/2022 21:34

An extension that size will affect the value and saleability of your house. I would find out what your rights are. Surely you should be entitled to pull out of the sale without penalty (which would be my choice) or get some compensation.

Rent for a while and you will be in a good position to offer on something once the market settles down a bit.

Bogofballs · 14/04/2022 21:34

They’ve lied to you and it’s obviously the reason they’ve sold the house. Now they have been caught out.

Gazelda · 14/04/2022 21:41

If you do proceed with the purchase, you absolutely must get a party wall agreement. The scale of their project will doubtless impact your property, which you need to protect.

And don't let them rush you into agreeing to anything. Buy time by saying that this issue has caught you unawares and you will be speaking with your legal advisor.

Catfox1 · 14/04/2022 21:41

Ignore all advice to pull out. Ask your solicitor to consult their litigation department on Tuesday to advise further steps (they’ll have sight of the purchase file so will be able to give better advice than we can)

Try not to worry in the meantime, easier said than done I know! ☺️

passport123 · 14/04/2022 21:44

@Lunalicious

Won't I lose my deposit though? The house was 550k, so 10% depost is fairly substantial -well to me anyway. I guess I need to talk to my conveyancer again on Tuesday, he was quite blasé about it all earlier when we spoke.

If they lied on their forms then the exchange is null and void and you could pursue them for some of your costs. If your solicitor is a bit 'meh' then some money on a 2nd legal opinion might be well spent.

Herejustforthisone · 14/04/2022 21:48

I’d be scouring, and demanding my solicitor do the same, for a reason to pull out of this without me losing a bean.

This is a total stitch up, one way or another. That extension sounds like it would be a disaster for your quality of life and the value of your house.